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WTJ SKAVDAHL LAND LLC v. ELLIOTT

No. S-12-688.

830 N.W.2d 488 (2013)

285 Neb. 971

WTJ SKAVDAHL LAND LLC, a Nebraska limited liability company, appellee, v. Sandra ELLIOTT, Personal Representative of the Estate of Evelyn Elliott, deceased, and Sandra Elliott, appellants, and Lynn Elliott et al., appellees.

Supreme Court of Nebraska.

May 24, 2013.

Attorney(s) appearing for the Case

John F. Simmons , Scottsbluff, of Simmons Olsen Law Firm, P.C., for appellants.

Steven C. Smith , Scottsbluff, of Smith, Snyder & Petitt, G.P., for appellee WTJ Skavdahl Land LLC.

WRIGHT, CONNOLLY, STEPHAN, MILLER-LERMAN, and CASSEL, JJ.

CONNOLLY, J.

WTJ Skavdahl Land LLC is the surface owner of land in Sioux County, Nebraska. Skavdahl sued the owners of severed mineral interests in that land under Nebraska's dormant mineral statutes1 to reacquire their allegedly abandoned interests. Mineral interests are deemed abandoned unless the "record owner" has taken certain steps to publicly exercise his or her ownership rights during the 23 years preceding the surface owner's...

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